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HomeMy WebLinkAbout11_08_04_ccCITY COUNCIL ROLL CALL - PRESENT: A Quorum was present. ABSENT: PRESIDING: Alderman Jean -Baptiste Alderman Wynne Alderman Bernstein November 8, 2004 Alderman Moran Alderman Tisdahl Alderman Rainey Aldermen Kent, Feldman, and Newman Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, November 8, 2004, at 6:20 p.m. in the Aldermanic Library. Alderman Rainey moved that Council convene into Closed Session for the purpose of discussing matters related to personnel, real estate, litigation and closed session minutes pursuant to 5ILCS Section 120/2 (c) (1), (5), (6), (11) and (21). Seconded by Alderman Tisdahl. (1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity. (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (6) The setting of a price for sale or lease of property owned by the public body (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye —Jean -Baptiste, Wynne, Bernstein, Moran, Tisdahl, Rainey. Voting nay —none. Motion carried (6-0). At 7:45 p.m. Alderman Rainey moved that the Council reconvene into open session and recess. Seconded by Alderman Moran. Motion carried unanimouslv. Mayor Morton reconvened the City Council meeting at 9:20 p.m. in the Council Chamber. ANNOUNCEMENTS: Health & Human Services Director Jay Terry reported the flu vaccine will be available to Evanston residents who are: Age 65 and older Adults under age 65 who have a chronic medical condition verified by a medical statement Pregnant women An open Flu Clinic will be held Tuesday, November 16, from 9:00 a.m. to 4:00 p.m. at the Levy Center, 300 Dodge Ave. Residents need to bring proof of age and residency/address. The cost is $20 for the flu vaccine, which is free to Medicare beneficiaries. Cash and personal checks only, no credit cards will be accepted. Mayor Morton announced that a Veterans' Day ceremony would be held November 11, at 10:30 a.m. in Fountain Square. She reported that one of the two finalists for the position of city manager had dropped out. A community reception to meet the final candidate for the city manager position would be Sunday, November 14, from 4:00-5:30 p.m. in the Council Chamber. CITIZEN COMMENT: November 8, 2004 Junad Rizki. 2784 Sheridan Rd., watched the CD Committee meeting November 3 on cable TV; noted that recently the State Housing Development Authority passed the Affordable Housing Act and Evanston was not on the list of communities with a housing affordability problem. He found that there are more than 7,300 units of affordable housing in Evanston, so 20% of housing here is affordable. He questioned why public tax dollars are used for affordable housing; why does the City need to expend $50,000 on a housing planner? Why do they fund to agencies involved in affordable housing issues? There was a question at that meeting as to whether some of the money is even used for housing. A position for fair housing has been funded for years, a duplication, because fair housing is enforced federally. He believed these funds should be used for other purposes; was interested in getting the ehn trees injected and concerned this Council will not have the money to do the job. Elm trees are an expensive property and will slowly be wasted. He asked where the real commitment of this Council was because no one has suggested a funding source for the trees. Staff got mixed signals as to whether the elms will be injected. It appeared that Council would not cut programs nor did it want to suggest raising taxes to pay for tree injections. He suggested that $100-200,000 of CD funds be allocated for the elms and noted in some northwest areas, residents are injecting elm trees. He asked if residents in south Evanston, by apartment building or areas in the 5 h Ward, were injecting elms? He thought CD funds could be justified for those areas. He was puzzled as to why the City paves alleys, which he saw as environmentally unsound. He thought there was money for the trees and suggested Council focus on basic operating needs. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Appeal of the SPAARC denial for an antenna facility at 1235 Hartrey Ave.; Ordinance 107-0-04 - Special Use/Type 2 Restaurant at 1168 Dodge Ave.; Ordinance 108-0-04 - Modifications to the BOCA National Fire Prevention Code; Ordinance 113-0-04 - Special Use/Retirement Community at 3200 Grant St.; Monthly Township Bills - Funds to Pay Mr. Hoover; Resolution 76-R-04 - Authorize CM to Execute Amendment to Retail Parking Lease for Sherman Plaza and Ordinance 112-0-04 - Authorize CM to sign Reciprocal Easement and Operating Agreement with Sherman Plaza Venture, LLC. Seconded by Alderman Rainey. Roll call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried (6-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of October 25, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) *Approval, as recommended, of the City of Evanston payroll for the period through November 5, 2004 and City of Evanston bills for the period ending November 9, 2004 authorized and charged to the proper accounts: City of Evanston payroll (through 11/05/04) $1,980,331.74 City of Evanston bills (through 11/09/04) $1,898,109.90 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0). * Approval of contract with Nagel, Hartray, Danker, Kagen, McKay and Penny Architects for architectural services for the library at a cost of $40,000. (Funded in the Library endowment fund.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of the recommendation for the 2005 City Council and Budget Workshop Meeting Schedule. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of the sublease agreement between Sheila Oettinger and Barbara Goldsmith for the Noyes Cultural Arts Center Studio B-10. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) November 8, 2004 * Resolution 69-R-04 - Auhhorizine the Interim Citv Manager to sien the Joint Agreement with Ciorba Group/Illinois Department of Transportation (IDOT) for Asbury Avenue Bridge - Consideration of Resolution 69-R-04, which authorizes the Interim City Manager to sign a joint agreement with Ciorba/Illinois Department of Transportation for Asbury Avenue Bridge construction engineering. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Resolution 70-R-04 - Authorizine the Interim Citv Manager to sien an Intergovernmental Agreement with the Illinois Department of Transportation (IDOT) for Asbury Avenue Bridge Construction Funding - Consideration of Resolution 70-R-04, which authorizes the Interim City Manager to sign an intergovernmental agreement with IDOT for Asbury Avenue Bridge construction funding. APPROVED - CONSENT AGENDA MOTION & ROLL CALL (6-0) OTHER COMMITTEES: * Resolution 71-R-04 - Authorizine the Interim Citv Manager to sien the Securitv Agreement and Collateral Assignment of Redevelopment Documents for Sherman Plaza - Consideration of Resolution 71-R-04, which authorizes the Interim City Manager to sign the Security Agreement and Collateral Assignment of Redevelopment Documents for Sherman Plaza. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Resolution 73-R-04 - Authorizing the Interim Citv Manager to sign the Recognition Agreement for Sherman Plaza - Consideration of Resolution 73-R-04, which authorizes the Interim City Manager to sign the Recognition Agreement for Sherman Plaza. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Resolution 74-R-04 - Authorizine the Interim Citv Manager to sien the Recognition Agreement Public Improvement Construction Agreement (PICA) for Sherman Plaza - Consideration of Resolution 74-R-04, which authorizes the Interim City Manager to sign the Recognition Agreement Public Improvement Construction Agreement (PICA) for Sherman Plaza. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Resolution 75-R-04 - Authorizing the Interim Citv Manager to sign the Recognition Agreement Redevelopment Documents for Sherman Plaza - Consideration of authorizing the Interim City Manager to sign the Recognition Agreement Redevelopment Documents for Sherman Plaza. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) APPOINTMENTS: Mayor Morton asked the following reappointments be introduced: Peter Godwin 2400 Lincolnwood Dr. Irwin Levinson 1308 Kirk St. H. Zane Robbins 2759 Broadway Ave. Albert Hunter 1040 Elmwood Ave. Christopher Carey 2739 Girard Ave. Board of Ethics Environment Board Ladd Arboretum Committee Plan Commission Preservation Commission 4 * INTRODUCED — CONSENT AGENDA Mayor Morton asked the following re -appointment be confirmed: Tamara Lee Heller Taxicab Advisory Board 319 Dempster St. For term ending November 15, 2007 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: No report PLANNING & DEVELOPMENT: November 8, 2004 Anneal of the Site Plan & Annearance Review Committee - 1235 Hartrev Ave. - Consideration of an appeal by Sprint PCS of a denial by the SPAARC for a telecommunication antenna facility at 1235 Hartrey Ave. Alderman Wynne reported that this item was held in committee. At the request of Alderman Jean -Baptiste this was being held in order to have further discussion with Sprint PCS and the community about the location. Ordinance 107-0-04 - Special Use (Tvne 2 Restaurant) at 1168 Dodge Ave. - Consideration of a recommendation from the ZBA in ZBA 04-38-SU (R) to grant a Special Use for a Type 2 Restaurant, Domino's Pizza, at 1168 Dodge Ave. Alderman Wynne read into the record additional language that staff provided in subsection E. "The use approved hereby shall be limited to pick-up and delivery of pizza and and/or non-alcoholic beverages. The principal sales of said use shall be of pizza for consumption off -site. A customer seating area is not permitted." Alderman Wynne moved approval of Ordinance 107-0-04 as amended. Seconded by Alderman Moran. Roll call. Voting aye —Jean -Baptiste, Wynne, Bernstein, Moran, Tisdahl, Rainey. Voting nay —none. Motion carried (6-0). This business may take orders for delivery until 1:00 a.m. but closes at 10:00 p.m. for carry out orders. Ordinance 108-0-04 - Amendment to Section 4-5-2 of the Evanston Citv Code with Modifications to Section F-502 and F-503 of the BOCA National Fire Prevention Code - Consideration of Ordinance 108-0-04, which amends Section 4-5-2 of the City Code regarding Life Safety/Sprinkler Retrofit. Alderman Wynne reported that this item was held in committee. In committee discussion they found the appeal process confusing and invalid and asked that staff delete it. Ordinance 113-0-04 - SneCial Use reauest for a Retirement Communitv a 3200 Grant St. - Consideration of the findings and report of the ZBA to recommend approval of an expansion to the retirement community special use to allow Presbyterian Homes to construct a one -car attached garage to the Trinity Court Townhomes. Alderman Wynne reported that this item was held in committee. Alderman Wynne reported that the committee discussed affordable housing. They received an update on the vacant November 8, 2004 building ordinance, which seems to be working. HUMAN SERVICES COMMITTEE: Approval of October 2004 Township Monthlv Bills - Consideration of a recommendation to approve the Township bills, payroll and medical payments for October 2004 in the amount of $97,053.56. Alderman Tisdahl moved approval of the Township bills downward to $89,973.58. That changes the bill paid to Hoover & Associates to $2,500 from $9,579.98. Seconded by Alderman Rainey. Roll call. Voting aye —Jean -Baptiste, Wynne, Bernstein, Moran, Tisdahl, Rainey. Voting nay none. Motion carried (6-0). Resolution 76-R-04 - Authorizing the Interim Citv Manager to Execute an Amendment to the Retail Parking Lease for the Sherman Plaza Development Project - Consideration of authorizing the Interim City Manager to execute an amendment to the Retail Parking Lease for the Sherman Plaza Development Project. Alderman Moran moved approval. Seconded by Alderman Rainey. Alderman Bernstein referred to paragraph F of the Retail Parking Lease. He did not understand why this language was added. Marty Stern explained that in this particular clause they suggest that whoever purchases the retail, with all the approvals the City has under the Redevelopment Agreement to purchase the retail, are still there. Whoever purchases the retail would also get the right to this parking lease. This allows the transfer to the person who purchases the retail over which the City will have approval and does not allow a transfer to anybody. If the City approves the purchaser of retail, that purchaser can get the parking lease without further approval. Alderman Bernstein wanted an example of someone other than the retail purchaser assigning this lease. Mr. Stern quoted from the paragraph "Notwithstanding the foregoing, Tenant shall have the right, without Landlord's (City) consent upon written notice to Landlord to collaterally assign all or any portion of its interest under this Lease to any Mortgagee or holder of indebtedness secured by the Retail Parcel." He noted that the retail parcel has to go through whatever approval rights are in the Redevelopment Agreement. Alderman Bernstein asked why they felt the need to express consent in any assignment of tenant's interest? Mr. Stern said it was done originally for the City's protection and was not necessary to have two consents. Something that was hard to imagine, was if they wanted to assign the parking rights to someone who was not owner of the retail, the City always wanted to have approval. He assured Alderman Bernstein this was covered. Roll call. Voting aye —Jean -Baptiste, Wynne, Bernstein, Moran, Tisdahl, Rainey. Voting nay —none. Motion carried (6-0). Ordinance 112-0-04 - Authorizing the Interim Citv Manager to sign the Reciprocal Easement and Operating Agreement with Sherman Plaza Venture. LLC - Consideration of Ordinance 112-0-04, which authorizes the Interim City Manager to sign the Reciprocal Easement and Operating Agreement with Sherman Plaza Venture, LLC. Alderman Moran asked that 112-0-04 be marked introduced. Alderman Moran moved to Suspend the Rules to adopt Ordinance 112-0-04 at the meeting in which it was introduced. Seconded by Alderman Rainey. Motion carried unanimouslv. Alderman Moran moved adoption of Ordinance 112-0-04. Seconded by Alderman Wynne. Roll call. Voting aye —Jean -Baptiste, Wynne, Bernstein, Moran, Tisdahl, Rainey. Voting nay —none. Motion carried (6-0). James Klutznick thanked the Council, Mayor, Interim City Manager Judith Aiello and Marty Stern, U.S. Equities and all those who helped them along and are now closing on their loan. He reported they have 150,000 square feet of November 8, 2004 retail/service space and have signed leases with Pier One, Ann Taylor Loft, and Elizabeth Arden Red Door Spa. Barnes & Nobles will move across the street into the project to have more space. There will be another 15 tenants in the project. This development will provide a strong critical mass of retail in the downtown. Tim Anderson announced that residential sales are strong. Today, 54% of the condominiums have been sold. He said that Evanston continues to be a desirable condominium market. CALL OF THE WARDS: 2°d Ward. No report. 3rd Ward. No report. 4th Ward. Alderman Bernstein congratulated 4th Ward residents Jan Schakowsky on re-election to Congress, Julie Hamos on re-election as State Representative and Judge -Elect Jeanne Cleveland Bernstein to the Circuit Court of Cook County. 5thWard. No report. 6th Ward. Alderman Moran invited all to a meeting of the Zoning Committee of the Plan Commission Monday, November 15 at 7:00 p.m. in the Civic Center. Two items of interest to those who live around Central St. will be on the agenda and relate to potential amendments to the Zoning Ordinance regarding B2 districts, which are commercial districts on Central St. clustered around the Metra Station east and west of Green Bay Rd. and the commercial area around Central Park and Lincolnwood avenues. Potential zoning amendments will be considered at that meeting. Another item of interest is the zoning requirement that buildings in B2 districts be built to the lot line with some consideration given to the Zoning Ordinance that would not allow developers to build to the lot line. Some recent developments built to the lot line have not been well received due to the closeness to the street and a sense of narrowing the sidewalks. 7th Ward. No report. 8th Ward. Alderman Rainey reported attending the Planning & Development Committee meeting to discuss historic districts. A concern people have regarding historic districts and designation is that they will be controlled as to what they can do with their property. She explained that a national historic district is different than a local historic district. Under national historic designation there are no constraints on a property owner whether his/her property is a contributing or non-contributing property. The City's Zoning Ordinance requires that people living in contributing or non-contributing properties in national districts, who undertake a project on their homes, go to Zoning Board of Appeals and requires that they also go before the Preservation Commission for review. She made a reference the week before that the requirement be eliminated for projects going before the Zoning Board of Appeals in national historic districts. This has been referred to the Plan Commission and is supported by the past chairman of the Preservation Commission. 9th Ward. No report. V Ward. No report. Interim City Manager Judith Aiello noted that the next Economic Development Committee meeting is November 17. There being no further business to come before Council, Mayor Morton adjourned the meeting at 9:58 p.m. Mary P. Morris, City Clerk A videotape recordin¢ of this meetine has been made Dart of the permanent record and is available in the Citv Clerk's office.